Case Digest (G.R. No. 76649-51)
Facts:
In a letter-complaint dated August 26, 1985, 20TH CENTURY FOX FILM CORPORATION sought the assistance of the National Bureau of Investigation (NBI) to investigate alleged unauthorized sale and rental of copyrighted films in videotape form in Metro Manila in violation of Presidential Decree No. 49. The NBI filed three consolidated applications for search warrants against the video outlets of Eduardo M. Barreto, Raul M. Sagullo, and Fortune A. Ledesma; the Regional Trial Court of Makati, Branch 132 issued the warrants on September 4, 1985, the NBI executed them, and the trial court later, by orders dated October 8, 1985 and January 2, 1986, lifted the warrants and ordered return of items; the Court of Appeals dismissed petitioner’s certiorari and the petitioner brought the case to the Supreme Court.Issues:
- Did the trial court err in lifting the search warrants when the warrants had been issued after a hearing on probable cause?
- Did the issuance and execution of the search warr
Case Digest (G.R. No. 76649-51)
Facts:
- Background and parties
- 20th Century Fox Film Corporation submitted a letter-complaint dated August 26, 1985 to the National Bureau of Investigation alleging unauthorized sale and rental of copyrighted films in videotape form.
- The letter-complaint invoked Presidential Decree No. 49 as the law allegedly violated.
- The alleged infringing outlets were identified as owned or operated by Eduardo M. Barreto, Raul M. Sagullo, and Fortune A. Ledesma.
- Investigations and applications for warrants
- The National Bureau of Investigation (NBI) conducted surveillance and investigatory purchases at the outlets named in the complaint.
- The NBI filed three consolidated applications for search warrants against the video outlets owned by the private respondents.
- The applications were heard by the Regional Trial Court of Makati, Branch 132.
- Issuance and execution of search warrants
- The trial court issued search warrants on September 4, 1985.
- The NBI, accompanied by agents of 20th Century Fox Film Corporation, executed the warrants, seized items described in the warrants, and made an inventory which was left with the private respondents.
- Proceedings to lift warrants and disposition below
- The private respondents moved to lift the warrants and to secure the release of seized properties.
- The trial court issued an order dated October 8, 1985 lifting Search Warrants Nos. SW-85-024, SW No. 85-025, and SW No. 85-026 and ordering return of articles listed in the retu...(Subscriber-Only)
Issues:
- Primary constitutional question
- Whether the trial court properly lifted the search warrants it earlier issued because a valid probable cause did not exist under Section 2, Article III, 1987 Constitution (formerly Sec. 3, Art. IV, 1973 Constitution).
- Ancillary legal questions
- Whether the NBI witnesses and the complainant had the required personal knowledge to satisfy the constitutional requirement that probable cause be determined after personal examination under oath.
- Whether the presentation of master tapes or original copyrighted films at the hearing for issuance of search warrants was necessary to establish linkage between copyrighted works and seized videotapes.
- Whether the description of articles to be ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)